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2025 DAILYLAW 27511 (AP)

A ANJANEYULU v. THE STATE OF AP

WP/19776/2025 · 2025-07-29

Subba Reddy Satti

body2025

Judgment text

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APHC010389222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19776 OF 2025 Between: A. Anjaneyulu Yadav, S/o Late Chinna Genganna, Aged about 44 years, Occ R/o D.No. 3-171, Kummaravandlapalli Village, Kadiri Rural Mandal, Sri Satya Sai District. Agriculture ...PETITIONER AND 1. State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Sri Satya Sai District (Erstwhile Anantapur Dist.). 3. The Competent Authority (L.A.) & Joint Collector, Sri Satya Sai District. 4. The Revenue Divisional Officer, Puttaparthi, Sri Satya Sai District (Erstwhile Anantapur Dist.). 5. The Tahsildar, Nallamada Mandal, Sri Satya Sai District (Erstwhile Anantapur Dist.). 6. Edagottu Venkataramana, S/o E. Nagappa, Aged about 58 years, Occ Agriculture, R/o D.No.50/528, Boggitivaripalli Village. Pulagampalli Village, Nallamada Mandal, Sri Satya Sai District. H/o ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus declaring the proceedings vide Rc.No.21/2022/A dated 17.07.2025 of the 4TH respondent recommending the payment of compensation for the land acquired to an extent of Ac.0.10 cents in Sy.No.382-3B and Ac.0.65 cents in Sy.No.383 of the Pulagampalli Village, Nallamada Mandal, Sri Satya Sai District to the 6 respondent, in spite knowing very well that Civil Suits bearing OS.No.582 of 2019 and OS.No.755 of 2019 are pending between the petitioner and the 6 respondent as arbitrary, illegal, without jurisdiction and contrary to provisions the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also contrary to Art. 21 and 300-A of the Constitution of India and set aside the same and consequently direct the respondents to deposit the compensation amount for the land acquired to extent of Ac.0.10 cents in Sy.No.382-3B and Ac.0.65 cents in Sy.No.383 of the Pulagampalli Village, Nallamada Mandal, Sri Satya Sai District with the competent authority. an lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order Rc.No.21/2022/A dated 17.07.2025 of the 4*^ respondent. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to deposit the compensation amount for the land acquired to an extent of Ac.0.10 cents in Sy.No.382-3B and Ac.0.65 cents in Sy.No.383 of the Pulagampalli Village, District with the competent authority. Nallamada Mandal, Sri Satya Sai Counsel for the Petitioner: SRI SAI MANOJ Counsel for the Respondent Nos.1 to 5: Counsel for the Respondent No.6: The Court made the following order: REDDY L GP FOR LAND ACQUISITION r APHC010389222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19776/2025 Between: 1 A ANJANEYULU, S/0 LATE CHINNA GENGANNA, AGED ABOUT 44 R/0 D.NO. 3-171, YEARS, OCC AGRICULTURE, KUMMARAVANDLAPALLI VILLAGE, KADIRI RURAL MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, 1.THE STATE OF AP REVENUE DEPARTMENT, VELAGAPUDI GUNTUR DISTRICT. SRI SATYA SAI DISTRICT 2.THE DISTRICT COLLECTOR, (ERSTWHILE ANANTAPUR DIST.). THE COMPETENT AUTHORITY (L.A.) JOINT COLLECTOR, SRI SATYA SAI DISTRICT. 3.THE COMPETENT AUTHORITY L A JOINT COLLECTOR, SRI SATYA SAI DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, PUTTAPARTHI, SRI SATYA SAI DISTRICT (ERSTWHILE ANANTAPUR DIST.). 5.THE TAHSILDAR, NALLAMADA MANDAL, SRI SATYA SAI DISTRICT (ERSTWHILE ANANTAPUR DIST.). 6.EDAGOTTU VENKATARAMANA, S/0 E. NAGAPPA, AGED ABOUT 58 YEARS, OCC AGRICULTURE, BOGGITIVARIPALLI VILLAGE, D.NO.50/528, R/O H/O PULAGAMPALLI VILLAGE, SRS.J W.P.No. 19776 of 2025 NALLAMADA MANDAL, SRI SATYA SAI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution ^ . of India praying that in the c rcumstances stated in the affidavit filed therewifh, the High Court may be r?Arr! ® “'■ders more particularly one in the nature of Writ of Mandamus declaring the proceedings vide Rc.No.21/2022/A dated 17.07.2025 of the 4TH respondent recommending the payment of compensafion for the land acquired to an extent of Ac.O 10 cits !!! Sy.No.382-3B and Ac.0.65 cents in Sy.No.383 of the Pulagampalli Village Nallamada Mandal, Sri Satya Sai District to the 6 respondent in spite knowing very well that Civil Suits bearing OS.No.582 of 2019 and OS.No 755 nilT "'Z ‘’T 'he 6 respondent as arbitrary Hegal, without jurisdiction and contrary to provisions the Right to Fair Compensation and Transparency in Land Acquisition Resettlement Act, 2013 and also I Constitution of India and set aside the Rehabilitation and contrary to Art. 21 and 300-A of the same and consequently direct the respondents to deposit the compensation amount for fhe land acquired to an extent of Ac.0.10 cents in Sy.No.382-3B and Ac.0.65 cents in Sy.No.383 of the Pulagampalli Village, Nallamada Mandal, Sri Satya Sai District with the competent authority and to pass lA NO: 1 OF 2n2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporf of the petition, the High Court may be pleased to suspend the operation of the order Rc.No.21/2022/A dated 17.07 2025 of the 4th respondent and pass lA NO: 2 OF 20?.^ Petition under Section 151 CPC . , praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to deposit the com pensation amount for the land acquired to an extent of Ac.0.10 cents in Sy.No.382-3B and Ac.0.65 cents in Sy.No.383 of the Pulagampalli Village, Nallamada Mandal, Sri Satya Sai District with the competent authority and pass SRS,J W.P.No.19776 of 2025 Counsel for the Petitioner: 1.SA1 MANOJ REDDY L Counsel for the Respondent(S); 1.GP FOR LAND ACQUISITION The Court made the following: :: ORDER :: Heard Sri Sai Manoj Reddy, learned counsel for the petitioner, and Sri G.Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 5. Notice of respondent No.6 is dispensed with since no adverse order is passed against the rights and interests of respondent No.6. Learned counsel for the petitioner would submit that an extent of Ac.0.10 cents in Sy.No.382-3B and Ac.0.65 cents in Sy.No.383 of Pulagampalli Village, Nallamada Mandal, Sri Satya Sai District, was acquired for the formation of National Highway NH-716G. He would also submit that two civil suits, i.e., O.S. No. 755 of 2019, filed by the petitioner against respondent No.6, and O.S. No. 582 of 2019, filed by respondent No. 6 against the petitioner, are pending on the file of the learned Principal Junior Civil Judge, Kadiri, concerning the same property. Pending the civil litigation, respondent No.4 recommended payment of compensation of Rs. 7,30,890/- to respondent No.6. 2. Sri G.Divya Theja, learned Assistant Government Pleader for Revenue, submitted the instructions of the Revenue Divisional Officer, Puttaparthi. The operative portion of the instructions reads as follows: 3. It is further submitted that the annexures for payment of compensation to the subject land was kept pending and compensation will be SRS.J W.P.No.19776 of 2025 disbursed only after the outcome of the final orders in O.S.No.755 of 2019 filed before the Hon’ble Principal Junior Civil Judge, Kadiri.” Given the instructions, the apprehension recommending payment of compensation misconceived. 4. of the petitioner that to respondent No.6 is 5. Given the facts and circumstances of the disposed of at the stage of admission with the counsel, directing the learned respondent No.4 to case, the Writ Petition is consent of both the learned pay compensation amount, subject to outcome of O.S.Nos.755 of 2019 & 582 of 2019 on the file of the learned Principal Junior Civil Judge, Kadiri as mentioned in the instructions. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY|REGiSTRAR SECTtdl^ //TRUE COPY// ER To, 1. The Principal Secretary, Revenue Department, State Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Sri Satya Sai District (Erstwhile Anantapur Dist.). 3. The Competent Authority (L.A.) & Joint Collector, Sri Satya District. 4. The Revenue Divisional Officer, Puttaparthi, Sri Satya Sai District (Erstwhile Anantapur Dist.). 5. The Tahsildar, Nallamada Mandal, Sri Satya Sai District (Erstwhile Anantapur Dist.) 6. One CC to Sri Sai Manoj Reddy L, Advocate [OPUC] 7. Two CCs to GP for Land Acquisition, High Court of Andhra [OUT] 8. Two CD Copies. of Andhra Sai Pradesh ssb HIGH COURT DATED;30/07/2025 ORDER WP No. 19776 OF 2025 a 3 0 AUG 2025 ★^A<jirTentSectjo|i^ Co DISPOSING OF THE W.P. AT THE STAGE OF ADMISSON WITHOUT COSTS